CHANDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused Nos.3 and 5 under Sec. 438 of Cr.P.C., seeking bail in Crime No.117/2022 of Koppal police station for the offences punishable under Ss. 376(2)(I) , 302 , 201 , 114 of IPC and under Ss. 4, 8, 12 of POCSO Act.

(2.) The petition filed by the petitioner No.1/accused No.3 came to be dismissed on 3/11/2022 as not pressed on the oral submission made by the learned counsel for the petitioner on the ground that, he has been arrested. Therefore, the present petition is taken into consideration only in respect of petitioner No.2/accused No.5.

(3.) The case of the prosecution is that, one Ramesh S/o Yamanappa Karadigudda has lodged complaint stating that his daughter-victim girl is studying in 7th standard and she used to go to the house of one Kumari Deepa D/o Krishnappa. At that time, uncle of Deepa i.e., accused No.1-Tirupathi used to talk with victim girl freely and accused No.2 rudely acted with victim girl 2-3 times when she went to sugarcane land and in that regard, they were advised him not to do so. It is further stated that on 17/4/2022 at about 3:00 p.m, the victim girl went to the house of Kumari Deepa and at about 3:30 p.m, the complainant and others went to drink tea and at that time, so many persons gathered in the house of Krishnappa Jinnapur and by hearing hue and cry, all went there and accused Nos.1 and 2 took the body of victim girl and at that time, accused Nos.3, 4 and 5 told that she fell down by pits. The complainant saw the mark of 4.5 inches over the neck of victim girl. Therefore, he filed complaint which came to be registered in Crime No.117/2022 of Koppal Rural Police Station for the offences punishable under Ss. 376 , 302 , 201 of IPC and Ss. 8, 4 and 12 of POCSO Act. The Investigating Officer after investigation, filed charge-sheet against accused Nos.1 to 5. The petitioner No.2 is arrayed as accused No.5 and therefore, apprehending his arrest, he filed Criminal Misc. No.694/2022 seeking anticipatory bail and the same came to be rejected by the Additional District and Sessions Judge, FTSC-1, Koppal, by order dtd. 3/8/2022. Therefore, the petitioner/accused No.5 is before this Court seeking anticipatory bail.